USA: INDYMEDIA & REPRESSION

Gov't Attempts Subpoena For Indymedia Logs - Service Provider Refuses

 

(((i)))
(((i)))


BREAKING NEWS: The FBI and the US Secret Service is again engaging in a fishing expedition to route out dissenting viewpoints, harass people who are simply exercising their free speech rights, and intimidate others from exercising their right to protest in connection with the Republican National Convention. To quote one indymedia volunteer, regarding New York Indymedia:

"It has come to my attention, that our hosting provider, Calyx Internet Access, has been under harassment and scrutiny by the United States Secret Service in a blatant attempt to disrupt our relationship. Furthermore, it has been revealed to me that my contact information, was required to be disclosed to the government, presumably to begin directly harassing me. The SS did not contact the IMC directly in relation to this matter, but instead felt it prudent to put a strain on a place which we do business with. The agents attempted to circumvent Indymedia by contacting Calyx by phone, originally without a warrant or subpoena, in order to obtain user connection logs regarding a particular post on an Indymedia site. The post in question is a repost by an anonymous person containing information that is already available all over the Internet, and publicly available in other forms."

[Subpoena (US law): to order someone to go to a court of law to answer questions, or to order the appearance of documents in a court of law ]

The subpoena is for information leading to the posters of a list of RNC Delegates.

Calyx's contacts at Indymedia are represented by the American Civil Liberties Union and the Electronic Frontier Foundation. Indymedia is keenly aware of this kind of fishing expedition, as it has happened before, under similar circumstances. In April of 2001, while tens of thousands demonstrated against the proposed Free Trade Agreement of the Americas (FTAA) in the streets of Quebec City, the federal government attempted to do something very similar. In this case the FBI and Secret Service obtained an order issued by Judge Benton, directing the IMC to supply the FBI with "all user connection logs" for April 20 and 21st from a web server occupying an IP address which the Secret Service believed belonged to the IMC. At that time, IMC counsel Lee Tien of the Electronic Frontier Foundation had this to say, and it is still apropos today:

"This kind of fishing expedition is another in a long line of overbroad and onerous attempts to chill political speech and activism. Back in 1956, Alabama tried to force the NAACP to give up its membership lists -- but the Supreme Court stopped them. This order to IMC . . . is a threat to free speech, free association, and privacy."

[ More information: www.indymedia.org/fbi ]

The IMC was able to win that battle, and as a result of this attempt to violate our clear rights, we felt it prudent to develop a policy of not voluntarily gathering data for the government on people who visit our websites, or who post material to sites. ". . . we do not log IP addresses as a way of protecting the privacy of our visitors. . ."

[ More info: Indymedia FAQ (EN) | EFF | ACLU]

The U.S. Supreme Court has recognized that the First Amendment protects the right to communicate anonymously with the press and for political purposes. We cannot understand why the Secret Service does not respect the U.S. Supreme Court. Additionally, a federal statute requires such attempts against the press to be approved by the Attorney General - and only after alternatives have been exhausted. It is plain that these standards have not been met in the past and are not being met here.

The particular order in question in the current, New York, case is puzzling: it is Title 18 U.S.C. 594 - "Intimidation or interference of voters." This plainly has not happened, but it is ironic to be bring up this subject during the Republican National Convention if Bush's connections to voter fraud and disenfranchisement in Florida during the last election are remembered. Another example is the Republican party's connections to the largest corporate voting interference ever, The Diebold Corporation, who make flawed electronic voting systems. In October of 2003, Diebold issued a cease and desist notice to Indymedia, because we had links to mirrors of a damning internal Diebold memo that was leaked. As a result of challenges by the Electronic Frontier Foundation, The Online Policy Group (OPG), and Indymedia, Diebold was forced to back down out of embarrassment.

[ Press release | more information | Black Box Voting ]

It is truly disappointing that this United States government, which holds the moral ideals of free speech and free assembly, continues to resort to fear, intimidation, and terrorizing people who celebrate these essential American values.

add a comment on this article

Stand up Against the Encroaching Police State

Lucy Liberty 30.Aug.2004 07:14

Right on IndyMedia for the awesome work you are doing. I am somewhat of a conservative person who works 9 - 5 as an administrative assistant and usually do not get too involved in politics, I lead a quiet life kind of like a librarian. But I am in HORROR of the gestapo techniques of the Bush administration and the assault against our liberties. This War against Liberty and Freedom, by our very own U.S. government, must be stopped. I am not a "radical" or a "domestic terrorist" or an "anarchist", I am a quiet person who thinks for myself and the lies and manipulation of this administration must be stopped. Wake up America, if you care about freedom you best get your butt out in the Streets, peacefully. How stupid do you think we are. The young people at Indy Media represent the best of our ancestors, the best of this country, and I send you strength in this hour of Battle against Facism. We'll be taking to the streets here where I live to show our solidarity with all of you in New York. Peace and Justice to the World, Love, Food, Homes and Respect for the People of the World.

About loging of our IP address

Me again 30.Aug.2004 07:44

Hi Indymedia!
I am Sure Glad that you Don't log our IP address!! I commented quite regularly to build everyone up except for the last month or so. I've been really Really Busy. I had a Lot of emails to write and with a bit of a sore arm it doesn't make it easy.
So in the last couple of months I was wondering if you log our IPs and was going to email you. I was jut going to email you tonight finally at long last, but when I looked at the main column of Indymedia and saw your write-up about it, I thought I'd write this. So you don't keep anyone's IP address. That is Pure Relief!!! Now I can post to my Heart's Delight!
I am Happy about that! At least there will be One place where we can voice our opinions without fear of reprisal and Unbelievable Intimidation!! For me if one thing didn't happen in my Life I wouldn't fear any intimidation. I still Really Don't anyway. They know they are in the Wrong and they know they should be going after Crooks and Evil people and they choose to go after Peacefull People instead, who only want to Live in Peace. Nothing wrong about that at all. How subversive can that be?? I Live in Peace and Contentment and I don't do ANYThing that is subversive at all! Why should I? I shake my head in Disbelief!!
Now if they would Really Take our money - taxpayers money and go after the Crooks and Crimials on our streets then LIFE would be So Much SAFEr!!! Theres Tons of "Security" measures told to people on the Internet to keep them "safe", like for example if you own a house trim all your bushes and trees around your house. Well, da da if they used a Security device for Everyone in everyone's Home then crime would be a Lot Lesser! You know what I mean: the Security Device that you use, which you press a button and an alarm goes off at the cops station and they are supposed to run out to your House!
Well, if they Really cared. Every House would HAVE ONE. I sure could use one for sure. Or they could have more cops because they have tons of money for hiring more, but they just don't want to! But they sure seem to have enough when there is a Protest against something that should be Changed!!
Thank YOU Very Much Indymedia for Caring and Your Time...

serves you dumbasses right

your mother 30.Aug.2004 12:16

should't have posted all those addresses, should you? yeah, fight the power, man!

i notice that abortion protesters who did the same thing got slapped with a multi-million dollar fine - and you guys cheered.

sow the wind, reap the whirlwind, you hypocrites.

Old tricks new names

reader 30.Aug.2004 14:23

Fear is the only currency that these command and control murders, that lord over our nation, have left to silence the masses.
There are more of us than there are of them. Always has been. We are beginning to unite and stand against their evil and their grasp over the levers of perception is slipping. The SS and the other secret police have no power over the truth. I will not be silenced nor cower in fear over the arrogant American gestapo.

Re: serves you dumbasses right

a dumbass 30.Aug.2004 15:43

>i notice that abortion protesters who did the same thing got slapped with a multi-million dollar fine - >and you guys cheered.

Yeah, the abortion protesters who did that also advocated killing and bombing the doctors, thats not "the same thing". Also, Doctors are private citizens, RNC delegates are not, thats not "the same thing".


Subpoenas can be challenged

No sweat 30.Aug.2004 17:43

No doubt this one will be challenged, too.

Yahoo /AP Story

IMC volunteer 30.Aug.2004 19:21

 http://story.news.yahoo.com/news?tmpl=story&ncid=1963&e=2&u=/ap/20040830/ap_on_el_pr/cvn_gop_delegates_probe_1


Posting of Delegate Data Investigated

50 minutes ago

By CURT ANDERSON, Associated Press Writer

WASHINGTON - The Secret Service (news - web sites) is investigating the posting on the Internet of names and personal information about thousands of delegates to the Republication National Convention in New York, officials said Monday.

The probe focuses on anonymous postings on a Web site operated by the Independent Media Center, which describes itself as "a network of collectively run media outlets for the creation of radical, accurate and passionate tellings of the truth."

The American Civil Liberties Union (news - web sites), whose lawyers are representing the Web site's administrators, gave the Secret Service the e-mail addresses of the administrators in a letter Monday. But the ACLU pointed out that they are not responsible for postings of lists of GOP delegates because the site guarantees anonymity to anyone who wants it.

"This type of investigation is really a form of intimidation and a message to activists that they will pay a price for speaking out," said Ann Beeson, the ACLU's associate legal counsel. "The posting of publicly available information about people who are in the news should not trigger an investigation."


Secret Service officials would not comment beyond confirming that the investigation was continuing. But federal law enforcement officials, speaking on condition of anonymity because the probe is active, said there were concerns that posting of the delegate lists could subject the delegates to harassment, acts of violence or identity theft.


There are several lists of Republican National Convention delegates posted on the Indymedia site, including one listing more than 2,000 of them. Included are names, home addresses, e-mail addresses and the New York-area hotels where many are staying.


"The delegates should know not only what people think of the platform they will ratify, but that they are not welcome in New York City," said one posting, first reported Monday by The New York Times.


A federal grand jury in New York has subpoenaed a Web hosting service, Calyx Internet Access, for Indymedia contact information. Calyx President Nicholas Merrill said he refused initially to voluntarily give the information to the Secret Service, asking instead for the subpoena to protect clients' privacy. Calyx is also being representing legally by the ACLU.

Make Love Not War.

John Lennon 30.Aug.2004 23:57

The dream of a true democracy still exsist. Peace, love, and happiness is there, that is if you truly want it.

Free speech?

Just another right-wing, fascist, pig-dog Jew. 31.Aug.2004 03:59

Since when is publishing a person's private information, free speech? I really wish I had your address, I would love to just pop-in and discuss this with you. I'm sure you would not object, as I would only be exercising my right to free speech.

The Blitzkrieg

Encino Man 31.Aug.2004 05:16

Folks, they are trying the old blitzkrieg technique to intimidate and overwhelm you and all opposition. If we bow to their tactics and pressure, we have no hope for the future. The world they want is one of chaos and arbitrary laws invoked on those they so choose. War is dirty business but we must learn their tactics, counter them to become stronger. Let's hope for victory and fight each battle with vigor. The early battles in any war are important. But let's remember one battle lost does not mean they have won the war.

Mr. Happy Looks Unhappy

George Washington Hayduke 31.Aug.2004 20:05

Well, I'm not a bit surprised that there are a great many people rather upset that freedom of speech hasn't been totally destroyed under the fascist dictates of "USA PATRIOT Act." Mr. Happy and his intellectual and moral colleagues should be upset considering the Bush regime's abject inability to destroy the U. S. Constitution by Royal Proclamation by some unelected fascist dictator (my opinions only, of course, and nobody else's.)

But buck up, Mr. Happy! On January 20'th the regime will be desposed and the long difficult road of rebuilding America in the aftermath of this regime will begin. At that time you have the option of rejoining America in our once-sacred Constitutional Republic, rejoice in our once-sacred rights, freedoms, and liberties as they're re-established under President Kerry, and generally get over the hurt you apparently feel at seeing the rise of fascism once again smacked down by Democracy.

Incidentally, you do realize, I'm sure, that all of the information provided by American patriots which the Bush regime wants to silence is information that's available widely in public anyway? True, it's a little more complicated reading material than "My Pet Goat" but it is information that's in the public domain, a matter of public record, and about individuals who are public figures.

And I'd like to add that reason, logic, rationality, and calm sanity win out over unhappy, screaming rants. (I merely mention it.)

Mr. Copp, your supply of bullets is not infinite

Howard Dean 31.Aug.2004 21:09

All I can say is that if you know my IP and you know me, it doesn't matter. You are already outnumbered, your supply of bullets is finite-----and your days are numbered too.

PS....Park your Hummer near my house. Go ahead, I dare ya!

Indymedia's Sophistry

William 31.Aug.2004 21:33

I love to return to this site periodically. Nowhere is the
confused and incoherent utopian ideology of the left more
genuinely expressed. Rowan, classic stuff, keep up the good
work and rage against that oligopolistic machine, and stuff.
Not sure what it has to do with the "topic" of this post,
but do not let that stop you.

Regarding the topic, there can be no doubt, John Lennon, that the
Leftist thugs had just your sentiments in mind when they published
the list of Republican delegates.

How sad. You are either in favor of harassment,
intimidation and violence or you are not. And, there can be
no other purpose for the posting of such a list other than
one or more of the latter three actions.

So keep mouthing the words of peace and solidarity (even love
sometimes). It is revealed to be horseshit, time and again,
on sites like these, precisely because of actions like the
publication of delegate information, with the implied call to
harassment, intimidation and violence.

William

Slashdot picks up story

anon 31.Aug.2004 21:33

Slashdot article

Yahoo! boards caution

anonymous 31.Aug.2004 22:16

Yahoo! *does* log IP addresses.

Full Text of Interview by Wired News of Subpoena'd IndyMedia ISP

anonymous 02.Sep.2004 20:54

 http://nyc.indymedia.org/newswire/display/114446/index.php

It's not the same thing?

Biff 24.Sep.2004 06:58

"Yeah, the abortion protesters who did that also advocated killing and bombing the doctors, thats not "the same thing". Also, Doctors are private citizens, RNC delegates are not, thats not "the same thing". "


So, you guys were posting the addresses so everyone could send them fruit baskets with cards welcoming them to NY?

And, these people ARE private citizens as well as human beings. THEY have a right to free speech and to freedom of assembly TOO.

Just because you dissagree with them does not give you the right to harrass them, intimidate them, or prevent them from exercising their rights. The Bill of Rights is not a one way street.

I notice there is a lot of bleating about how appaled you guys are that someone might get YOUR IP addresses. So, YOUR privacy should be protected, just not the privacy of those you dissagree with.

And gee, with the possibility of terrorist acts, and the well demonstrated propensity for violence in left wing protests, looking into who was doing that and trying to assess if there was a bigger danger to prepare for was just sooooo unreasonable. I am sure you would be the first to be shrieking "Baaaah! Baaaah! Bush's fault! Baaaah! Baaaah!" if a terror attack or an assassination had occured, and they failed to thwart it.

And I suppose you have such incredible delusions of self importance that you acutally think that a team of govnerment agents are going to conduct surveilence operation against little old you because you posted "Baaaah! Baaaaah! I hate, Hate, HATE! (foam, slobber) Bush! Baaaaah! Baaaaah!" somewhere on the internet?

Numerous instances of hypocrisy of monumental proportions on your parts, pure and simple.




get rid of the logs

greggort 27.Sep.2004 06:55

don't log user's ip address or information - get rid of the logs

it's that simple

wiimpy polite Americans

Albert Krauss 08.Oct.2004 23:03

Before my Safari browser would open this comment page, it warned me that it might be a bogus site. I could care less, and I've put my name in here regardless.

All this whining politeness about "how dare the U.S. govt. do these things" avoids the issue of who the hell are the Secret Service stooges and FBI creeps that follow orders like this? They are no better than scared shitless Nazis in Germany who might have had some reservations about the activities of Hitler's SS, etc. I'll bet there is a large dose of Bible people and right wind stupids among the personnel. I hope they get theirs, either in court or in some confrontation with an angry citizen.

Fuck them - and you can't read this as an incitement to violence. It is, rather, an expression of violent emotions.

in a war of information

aidan webb 09.Oct.2004 00:06

in a war of information it is often impossible to make comment on what is warrented and what is not.

indymedia does a great job, providing an outlet for freedom of expression, truth and speech that many of the 'conventional' mass media outlets refuse to touch with a 40 foot pole for reasons that are, as allways, economic.

while ideology is a great thing, it is not had to respect the fact that people cannot live their entire lives in an ideologicaly perfect way. but the recent posting of private citizens public information cannot be warrented in such a wholesale fashion as the potential for abuse of such information is too high.

indymedia needs to apply some of the checks it throws onto the government and the media to itself. posting private information of private citizens may serve many purposes - but in this case i belive it was a "trophy". information posted - not for its intrinsic value or ethical worth - but simply to "stick it to the man".

while it may sound old fashioned and out of date - and hell we all know you cant fight tanks with love but PLEASE indymedia - dont become hypocrites like the goverenment of the people you are trying to serve. it will, in the long run, do more damage to your orginazation and the ideas you stand for than good.

please correct me / comment

Checks and Balances

Eric W 10.Oct.2004 18:36

Aiden was right when he said: "indymedia needs to apply some of the checks it throws onto the government and the media to itself. posting private information of private citizens may serve many purposes - but in this case i belive it was a 'trophy'. information posted - not for its intrinsic value or ethical worth - but simply to 'stick it to the man'."

People, "Free Speech" does have consequences. More importantly, it has responsibilities. When you run into a movie theatre and yell "fire," there had better be a fire, or you will face the consequences. Freedom to assemble, freedom of the press, in fact all the 1st amendment rights of our constitution not only hold the blueprint of our freedoms, they hold the roadmap to their responsible use. It was wrong. It's as simple as that.

That said, to get back on topic: Two wrongs do not make a right. The strong armed "legal" practices of the Bush administration are well documented, and should be challenged by groups such as this. So Indymedia made the bad-judgement call to post the names of RNC delegates (who's rights clearly fall within the protections of the Constitution). Any penalty applied to this bad judgement MUST follow the laws of Due Process. The government's responsibility and reaction must be held to the standards of the Constitution that guides it. It is not the government's job to interpret the Constitution as it sees fit, but rather the electorate's responsibility to shape it. The legislative and judicial branches of the government serves as a saftey valve in this case, so that any new interpretations by the electorate meet the scrutiny that the Bill of Rights and the Consitution deserve. Clearly, that balance has been upset by the Adminisrative branch, who's job it is to enforce the decisions of the electorate, the Legislative, and the Judicial branches of our government, not to make up it's own rules as it sees fit. Unfortunately, the Bush administration sees itself, by virtue of it's inflated self-worth, as the shaper and interpreter of the Constitution. They must be stopped. But not by the harrasment of private (misguided) citizens, but by the rules we claim to hold so dear. Otherwise, who are we and how are we different?

That's what they want...

some dude 11.Oct.2004 16:27

Lucy Liberty's Quote:

".... But I am in HORROR of the gestapo techniques of the Bush administration and the assault against our liberties. This War against Liberty and Freedom, by our very own U.S. government, must be stopped. I am not a "radical" or a "domestic terrorist" or an "anarchist", I am a quiet person who thinks for myself and the lies and manipulation of this administration must be stopped..."

That's what they want! They want to make all the people who can actually think for themselves criminals anyway they possibly can so they can take away their rights.. and they are doing it little by little with their lies, cheating and deception and about 90% of america is just too dam stupid/ignorant to see this is happening. These are the same people who will look back a year or so from now and go "omfg.. wtf happened"

There are enough dicks and pussys in the government anyway... time for some balls now

C-Span Copyright Policy

Samizdat 23.Sep.2005 16:32

C-Span is funded by cable TV companies, and copyrights A/V material whose production is therefore paid for by those cable TV companies from subscriber income. Does C-Span have the legal right to copyright this material, considering that these funds are in a sense public, then charge exorbitant rates for VHS and/or DVD reproductions of said material? For example, the recent (July) Representative Cynthia McKinney 9/11 hearings are "available" from C-Span for over $250. Are we going to stand idly by and allow this?

header

fdgh 25.May.2009 16:41

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واخر موضات الشعر
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ركن العطور
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ستايل

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شعر و قصائد

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الرياض





دردشة صوتية-العاب
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declaracion muerte a los cia in movimento

anti cia 05.Jul.2009 20:00

RIDIAMO TANTO DELLE BOTTE TRA FORZE CIA "TUSCANIA" ED EX DISOBBEDIENTI CUI RICORDIAMO A TUTTI CHE DA ORMAI MOLTI ANNI SONO STATI DICHARATI AGENTI CIA NEL MONDO!!!

RIDIAMO TANTO DELLE BOTTE TRA FORZE CIA "TUSCANIA" ED EX DISOBBEDIENTI CUI RICORDIAMO A TUTTI CHE DA ORMAI MOLTI ANNI SONO STATI DICHARATI AGENTI CIA NEL MONDO!!! rideremo ancora di più a l'aquila a vedere i CIA A SCONTRARSI, CIOE' LE FORZE DELL'ORDINE DI UNO STATO COMPLENTAMENTE SUCUBE E IN MANI USA, CIOE' L'ITALIA, E I DICHIARATI CIA ORMAI DA SVARIATI ANNI IN TUTTO IL MONDO: I DISOBBEDIENTI ED EREDI DIRETTAMENTE COLLEGATI CON BUSH, PARTITI ED ASSOCIAZIONI.

NESSUNO MAI PUO VIVERE SE TRADISCE!!

CI VEDREMO IN CORTEO!!!!
POR TODOS LOS ZAPATISTA DECLARACION DE MUERTE A LOS COMANDO GENERAL ZAPATISTA!!!!